What is the test for determining whether a release party is entitled to a reduction in the amount of consideration given to the release party?
California, United States of America
The following excerpt is from Vandermark v. Ford Motor Co., 33 Cal.Rptr. 175 (Cal. App. 1963):
'In this situation the releasing party does not really acquiesce voluntarily in the contractual shifting of the risk, nor can we be reasonably certain that he receives an adequate consideration for the transfer. Since the service is one which each member of
Page 182
In this connection, see, also, Rose v. Chrysler Motors Corporation (1963) 212 A.C.A. 774, 28 Cal.Rptr. 185.
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